UK Immigration Law
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Thanks for your question.
To enable me to answer your question could you please respond to the following:-
yes i was physically abuse so many times
and yes police were involve and aware .
last year since it happen but still been in that no help situation and is frustrating me .
Thanks for your reply.
The requirement are that you must have been given permission to remain in the UK as the spouse of a UK citizen, that marriage was genuine and you were the victim of domestic violence at the hands of your spouse and that this caused your relationship to break down so that you are no longer together.
You would have to apply using Form SET (DV), which is available for download from the UKBA website. The application fee for this is £820..00, if you are destitute then you do not need to pay this fee but you would have to show that you do not have any money and are in fact reliant completely on a third party to pay you living expenses.
The application would have to be supported by documentary evidence showing that you meet the requirement in the first paragraph above. The following is a list of examples of appropriate supporting documentation given by the UKBA but you may have other evidence and would also prepare a statement in which you explain the details of your personal circumstances and incidents of violence:-
A letter or other document showing that a Multi-Agency Risk Assessment Conference (MARAC) has been convened on your behalf
• A Non-Molestation Order or other protection order against the person(s) who committed the violence.
o This must be a final order, not an interim or ex-parte order
• A medical report from a hospital doctor or GMC registered family practitioner (GP) who has examined you confirming that your injuries are consistent with being a victim of domestic violence.
o The report must include the doctor's GMC Registration Number and must provide the date you first registered, the dates of your visits in which domestic violence was reported, and an extract from the record of these details.
• An undertaking given to a court that the person(s) who committed the violence will not approach you.
• A police report confirming that, because of a domestic violence incident, they attended the address at which the incident(s) took place.
o A copy of the incident log must be provided. It must show the address(es) at which the incident(s) took place.
• A letter from a social services department confirming its involvement in connection with domestic violence committed against you.
• A letter of support or a report from a domestic violence support organisation/refuge.
• Other documentary evidence showing that you have been the victim of domestic violence
You will have to explain why there is a time lag between the last incident of violence and the actual application (eg. Fear, not knowing the rules etc).
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I will answer your follow up questions you may have.
It is not a prerequisite for a solicitor to prepare the application, they will consider an application you make yourself but, that being said, your chances of receiving an approval are drastically increased by having a solicitor prepare it because they know the best way to lay out the application to prove your eligiblity.
Thanks for your kind accept.
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